The 3rd defendant/Judgment-debtor/respondent/applicant, called the applicant complains that the 1st defendant/Judgment-creditor/applicant/respondent, called the respondent, is taking wrongful steps in seeking to enforce a Judgment of this court. The respondent applied to go into execution through the process known as fieri facias, fi.fa for short. An attempt was made to evaluate the landed properties of the applicant, a necessary step in the execution process. Believing that the evaluation was embarked upon pursuant to an order of this court dated 24th July, 2017, and believing that it was done in violation of the said order of this court, the applicant has brought this application to challenge the execution process in question.
The respondent filed an affidavit in opposition challenging the factual basis of the application, inter alia. The respondent deposed to the fact that the execution process commenced with a writ of fi.fa issued in January 2015 and repeated in …